Health and Safety Considerations for Farm Visits
With the growing popularity of farm visits and stays, it is important to understand the health and safety implications that come with hosting visitors on your farm.
Farm hosts must take all reasonably practicable steps to eliminate or minimise risks, considering the likelihood and severity of harm, what visitors can reasonably be expected to know, and the availability, suitability, and cost of the ways to eliminate or minimise those risks. All this comes under the Health and Safety at Work Act 2015.
Whether your farm guests are staying overnight or just visiting an operating farm or workplace, it is important to consider if they will be in a vicinity of animals, heavy machinery or hazardous substances. Procedures need to be in place to mitigate the risk of damage or harm to your visitors, other workers and animals. The legislation states that this responsibility falls to the person in charge of the business or undertaking (PCBU).
It is good practice to provide all your farm guests with health and safety information, and requirements before they arrive or, at the latest, on their arrival. Where possible, your guests should sign a written confirmation that they have been provided with the information and requirements. Warnings and prohibited areas should also be clearly displayed onsite, so it is clear to all visitors the immediate dangers present.
The PCBU must warn authorised visitors of any work-related, or out of the ordinary, hazards that may cause them serious harm. For many people who are visiting a farm the usual hazards that farmers would always avoid may not be immediately obvious. Examples of these are chemicals such as herbicides and pesticides, animals, machinery, and water hazards such as oxidation ponds and troughs.
This duty applies only to authorised visitors who have the farmer’s or owner’s permission to be on the farm. A PCBU will not be liable under the Act for harm suffered by people who enter your property without permission.
Visitors also have responsibilities. They must take reasonable care to ensure their actions, or lack of, don’t put themselves or others at risk. They must also comply with any reasonable instructions given by the PCBU, as far as practicable.
If you are establishing a farm stay or walk over the summer, we’re happy to help you set this up.
DISCLAIMER: All the information published is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in this newsletter may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2019. Editor: Adrienne Olsen. E-mail: adrienne@adroite.co.nz. Ph: 029 286 3650 or 04 496 5513.